Greenfield Republican, Greenfield, Hancock County, 13 October 1910 — Page 3

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WILL IS GOOD

Such is the Verdict of the Jury in the

Gooding Will Case Concluded

Friday Evening.

The defense did not. have many witnesses. J. Ward Walker knew General Gooding and had several conver nations with him subsequent to his residence in St. Louis, but the witBess could not remember the dates. One occasion was the day following the burning of the bridge over Sugar

Greek on the National road, near Philadelphia, when General Gooding t«id to him that it was the conspirators after him. He considered him oI sound mind in 1S90.

Lemuel Gooding was an interesting witness. He told the story of his brother's life from the time he entered West Point until his death. 'My brother was home on a visit once while he was in West Point. Ke wore the regulation military clothing. At his graduation he was appointed a lieutenant in the regular army, and under Col. Albert Sydney Johnson went to Utah to quiet a threatened Mormon outbreak. He was stationed at Governor's Island, New York, in command, also had a company at Washington, after the war broke out. While the officers were on their way from the West and ox* the train they quarrelled over the war, Colonel Johnson resigning his command and joining the Confederarmy Secretary Stanton called Lieutenant Gooding to the War Department and offered him the colonelcy oi a Massachusetts regiment, the Goverdor of that State having asked for a regular army officer he accepted and with General Ben Butler went with the regiments to New Orleans, then to Baton Rogue and in time to Fort Hudson, after which nght he came home on a furlough, later rejoining his regiment in the South and remaining until the close oi the war, when he asked Secretary Stanton for a commission as colonel in the regular army, his rank of captain in the regulars and of Brigadier General in the volunteers, entitling iiSm to such promotion the Secretary said 'I will think about it.' Nettied and dissatisfied Captain Gooding resigned from the army and took up the practice of law in St. Louis, in which he was successfully engaged for many years appointed to different offices and refusing the nomination for Congress in St. Louis he was always solicitious for the welfare of our mother and Vira, and when I was 3E his office in St. Louis asked me bow they were getting along and if ihey needed any money at any time be wonld send it to them was here to mother's funeral in January, 1890 next day after the funeral in Vira's netting room, he said to me, 'Lem, I'm going to Europe, and I have changed my will and given it to Vira. II anything happens to me I want you to see it is carried out Dave was worth at least $10,000 then, Clay probably more and I had about the same amount of property Vira had nothing but her interest in the estate on return from Europe he often spoke of his visits to Rome and the Holy Land, when in Jerusalem he took the special degree in Masonry that is only given there observed him walk ir the court house yard, he said he was lonesome in Greenfield, having bt-ien accustomed to the presence of many busy people, and was a great talker was of sound mind in 1890."

On cross examination the plaintiff ©ifered an affidavit made by the witness in which it was suggested that General Gooding was injured in the head during the war by an explosion oi a shell. The affidavit had been IT. ade for the purpose of securing an increase of pension.

Miss Gooding's evidence was similai to her brother's. She is the only person to lose if the will is broken. She told of her experience in Washington, with her mother, as the guest oi General Gooding and David S. Gooding.

Friday morning the argument was opened by Jonas P. Walker for the plaintiff, followed by Charley Cook, W. W. Cook for the defense, and Edwin Glascock for the plaintiff. The court then read his instructions.

The original will was made in 1875 f,nd by this General Gooding left his property to his heirs, after the death of his mother, sister and brother, Harry, they to have the rents and profits during life. The codicil was made in 1890, revoking the will and giving the property in fee simple to Miss Gooding.

The suit was brought by Marshall Gooding, son of David S. Gooding, and heir to one-fifth of the property, to set aside the will, on the grounds that the testator Was of un»ound mind, particularly in 1890, when the codicil was made."

The jury was not long in reaching

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a verdict in the Gooding will case Friday evening, at 5 o'ciock returning the following' verdict: "We, the jury, find for the plaintiff and find that the testator, Oliver P. Gooding, at the time of the execution of the alleged will in said suit, was a person of sound mind, and further find that said testator, Oliver P. Gooding, at the time he executed the alleged codicil to the will in suit was a person of unsonnd mind. "David H. Baity, Foreman."

THE ORIGINAL WILL.

&"In view of the uncertainty of life and the certainty of death and that proper distribution be made of my property after my death, I now make, execute and publish this my laft will and testament. "I willi and direct that after my death I be buried according to my rank and condition in life. "That money on hand at the time lie pay-

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death be first used in

ment of funeral expenses and debts. That if my personal property shall be insufficient to pay my debts then that enough of my real estate be sold to pay the remainder. "I further will and direct that after the payment of all taxes, insurance, repairs and necessary improvements on the real estate of which I may die the owner, that the rents and profits thereof be equally divided between my mother, Matilda Gooding, and my sister, Elvira M. Gooding so long as they respectfully remain unmarried and continue to live, but if either of them should marry or die, then the rents and profits of said real estate, after making the deduction hereinbefore mentioned, shall be divided equally between her who remains unmarried and my brother, William Harrison Gooding. 'That whenever my mother, Matilda Gooding, and Elvira Gooding, (my sister) shall have both departed this life, or shall have both married, then I will and direct that my said real estate be divided among my heirs according to the laws of the State of Indiana. "I will and direct that all my personal property shall be equally divided between my mother and sister and if either of them shall be then dead or married then the property shall all go to the one living and un marrried and if both of them shall be dead or married, then I direct that the personal property be divided among my heirs according to the laws of the State of Indiana. "I hereby appoint my mother, Matilda Gooding, my brother, David S. Gooding, and my brother, Lemuel W. Gooding, executors."

The will was signed January 4th, 1875, in the Greenfield bank, on the Masonic Temple corner, and witnessed by Nelson Bradley, J. Ward Walker, and Henry A. Swope.

CODICIL DECLARED VOID.

The codicil, which the jury, by its its verdict renders void, was as follows "I, Oliver P. Gooding, wish to change my will heretofore made, bearing date of January 4th, 1875, and therefore make this codicil: I will that all my estate shall at my death vest in absolute title in my sister, Elvira M. Gooding and my brother, William Harrison Gooding, share and share alike, in each and every kind of property, real, personal and mixed, after my funeral expenses are paid."

This codicil was signed in the presence of Nelson Bradley and Morgan Chandler, Janunry 22, 1890.

MARRIED INJIEW CASTLE

Joseph L. Binford Weds Greenfield Widow in City of Roses.

Joseph L. Binford, a prominent farmer of Blue River township, and Mrs. Rebecca Lander, widow of C. O. Lander, late of this city, were marrsed Thursday in New Castle, where Mrs. Lander was living at the time.

A 60DD POSITION

young 'wireSince

Can bet had by ambitions men and ladies in the field of less" or railway telegraphy, the 8-hour law became effective, and since the wireless companies are establishing stations throughout tfce country there is a great shortage of telegraphers. Positions pay beginners from $70 to $90 per month, with good chance of advancement. The NationaliTelegraph Institute operates six official institutes in America, under supervision of R. R. and wireless officials and places all graduates into positions. It will pay you to write them for full details at Cincinnati, O., Philadelphia, Pa., Memphis, Tenn., Davenport, la., Columbia, S. C. or Portiand, Ore., according to where you wish to enter. lOtf

Three Things Needful in Decoration. To decorate and really improve a room at reasonable cost, three things are required. First, elimination of superfluous articles this is extremely important and costs nothing. Second, the right division of the walls. Third, a careful selection of wall paper and hangings. These need not be costly, but must be right in color, texture ard pattern.—November Designer.

Evidence That Is Unusually

Interesting.

The suit on a nete by the Citizen's National Bank of Knightstown against Mrs. Lucena J. Watt was begun Mon-.

2, 1909. The plaintiff offers the note as grounds for the suit, and that it was given to secure §170. paid by the Wilkinson Elevator Company to Harry J. Watt, a son of the defendant, and who secured the money from the company by the sale of growing wheat on his mother's farm, which he claimed belonged to him. The note was endorsed and sold to the Citizens' National Bank by Mrs. Mrs. Wilkinson, and has not. been paid.

Harry Watt, it was said in the opening statement to the jury, forged several checks about Knightstown and is now an absconder.

The defense given by Mrs. worry and intimidation. She contends that Wilkinson secured one of the checks forged by her son and threatened to have him arrested for that and for securing money under false pretense, if she did make the account good.

Under these conditions, the answer to the complaint sets out that she signed it on Sunday, August 1.

Cook & Cook are the plaintiff's attorneys and Jonas P. Walker and Elmer J. Binford represent the defendant.

OTTERBEIN.

J. W. Griffith and family and Ben Roney and family took dinner with Walter Eaates and family Sunday.

H. W. Robbins took dinner with Edward Parker and wife Sunday. Hiram Crump and family were in Greenfield Saturday.

Irene Scotten entertained Chase Land, Joshua Roney, Nettie Sanford, George Land and Alice Griffith Sunday evening.

Chauncey Scotten. of University Heights, visited his mother, Mrs. E. E. Scotten, and children Sunday.

H. W. Robbins took supper with T. E. Scotten and family Monday evening.

Frank Shelby was in Greenfield Monday. Mrs. I. E. Sanford and daughters, Hilda and Ulta, were shopping in Greenfield Saturday.

Church seryices were well attended here Sunday. The young ladies of the Y. P. C. U. met with Nettie Sanford Monday afternoon to work on their quilt.

Frank Shelby and wife visited relatives at Indianapolis Sunday. Emert Sanford and wife were in Greenfield Saturday.

The following officers for the Y. P. C. U. for the coming year were elected Sunday afternoon with Eva Crump, Pres. Harley Griffith, Sec'y. Joe Land, Treas. and Irene' Scotten, Organist. Nettie Sanford has been appointed leader for next Sunday.

Mrs. I. M. Sanford and daughter, Ruby, were shopping in Greenfield Saturday.

Eva Scotten, Eva Crump and Irene Scotten were guests of George Crump and family Sunday.

Lunis Sanford was in Greenfield Thursday. Gladys Scotten and Hilda, Carl and, Ulta Sanford were guests of Ruby Sanford at dinner Sunday.

Sunday school at 9:30. Y. P. C. U. at 3:00. The convention of the Sunday schools of this township will be held at the Mohawk south church Sunday, Oct. 22, at two o'clock. Everyone is invited to attend.

GREENFIELD REPUBLICAN, THURSDAY, OCTOBER 13, 1910

VALUE RECEIVED

Defense in Suit on Note Brings Out People Are Friendly and There Are No

GOOD TIME TOGETHER

James L. Mitehell returned Thursday from the reunion of his old army regiment, the 19th Indiana, at Cambridge City. There were forty of the old comrades present and they had a most pleasant time together. It was intended that they hold ceremonies at the grave of their first colonel, Solomon Meridith, but the rain prevented, and they conducted the services at the opera house. They have no comrade at Cambridge City, but Mrs. Virginia Meridith, who married a son of Solomon Meridith, arranged to entertain the old soldiers at their encampment. She had a prepared program at the opera house for their entertainment on the evening of their camp-fire. She also served a chicken dinner which was thoroughly enjoyed by them.

NO "WILD WEST" IN THE DAKOTAS

Strangers in the Big Northwest

Farming Section.

BY W. H. II. RKES.

day in the circuit court. The demand Civil war veteran that I worked for is for $300, which includes attorney two years in Rush county when a boy. fee of $50, and interest since August He came here thirty-five years ago and has prospered wonderfully. He owns fine property in the most beautiful prairie town where he lives. This farm of 320 acres is two miles north, quite rolling, but richer land I never saw. He also owns a half section in

visiting Arthur McClain, a

Nebraska. Land here is worth §150 per acre. This is Harvest Home Day, an oxroast in the park. So I can't get out until tomorrow, when I will go down into Missouri to look for a car of young mules. At Redfield and here mules are dearer than in Indiana, but they come from Missouri, where they breed them and where they tell me is the place to buy.

I haven't seen a stranger since

is that the note was leaving home and find no "wild west" Watt under stress of any more, and as for being "green" or illiterate the East is West and the

West is East.

Moist Air Saves Fuel.

Dryness of the air tempts to overheating of the living rooms, for dry air increases the evaporation of perspiration from the skin, thereby increasing the sensation of chillness. Dry air at seventy-five degrees will feel about as chilly as moist air at sixty-five degrees. Stoves, coils and furnaces should always have open vessels of water exposed evaporation for the purpose of properly moistening the air. This moistening of the air will prove a saving of bcth coal bills and doctor bills.—November Designer.

Ezra Reeves, of Oskaloosa, Iowa, is the guest of Austin Reeves, on Route 5, and other relatives. He is a native of Hancock county, but has not been here for 46 vears.

Lawrence Wood and family visited Edgar Wood and family, near Fountaintown Sundav.

Earl Trees and family were the guests of his father, John W. Trees, of route eight Sunday.

PAULEY A- BTJKSSI I'E. Auctioneers.

Public Sale

The undersigned will sell iit public auction iit his home one-fourth mile south of Charlottesville, pn

Friday, October 14, 1910

Beginning at 10 o'clock a. in., the following described property, to-wit: ONK SPAN FOUR-YEAR-OLD MULES—

Good Work Mules

:.!0 HKAI OK HOGS—Consisting of twp Duroc Jersey brood sows with I'J pigs follow ing them, and 16 head of stpek hogs ready to feed. 2 MILCH COWS—Both abput half Jersey, good milkers and bred.

Twenty acres more or less of corn in field. 100 bushels of oats in bin. FARM IMPLEMENTS and tools, consisting of good farm wagon, McCormick binder, corn pinnter, two-horse cultivator, Oliver breaking plow, disc harrow, roller, set of work harness, and other articles too numerous to mention-

Terms—All sums of Five dollars and under wish in hand. Over that amount a credit to Oct. 1.1911. will tx' given, purchaser executing good note with approved freehold security, waiving relief from valuation and appraisement laws. Five per cent discount for cash onall iimounts over Five dollars. No property to lx» removed until terms are compiled with.

ELMER FOUST

PAULEY & BURNSIDE, AUCTIONEERS.

Public Sale

The undersigned will sell at public auction at the home of William H. ('rider, miles east and one-half mile north of Green field, and one-half mile north of Trees Bros, blacksmith shop, and one mile west and one-half mile south of Brown's Chapel, and one-Half mile north of Stop 50 on the T. H., I. & E. Traction Line, on

Thursday, October 20th, 1910 Beginning at 10 o'clock a. in., the following personal property, to-wft: 5 HEAD OF HORSES—Consisting of one gray mare, years old, good worker single or double, two draft horses coining 4 years old, broke single and double, 1 two-year-old general purpose horse, one draft suckling colt, ready to wean.

HEAL) OF CATTLE—Consisting of one full blooded Jersey milch cow, can be registered, has been fresh only a short time I half Jersey cow. will be fresh in about four weeks, an extra good milker 1 four-year-old cow, half Jersey, giving a good flow of milk: I Jersey heifer, will be fresh in February 1 full blood Jersey heifer, three months old, 24 HEAD OF HOGS—Consisting of four good brood sows and 20 shouts. 32 AOH.ES OF CORN in field. This corn is located on the Thomas Williams farm near Brown's Chapel 15 acres of it in front of Rnfus Wilson's iioine S acres located on the north side of same Held, and acres located in front of home of Charles Sipe. Persons desiring to see this corn before day of sale can find it us located alove.

Ten Tons of Hay—Consisting of 1 tons timothy and 0 tons of mixed Hay. Three tons of baled oats straw.

Farm Implements and Tools—One Morford & Cooper farm wagon, a good one, 1 one horse spring wagon, a good one, 1 Oliver riding breaking plow, good as new 1 good Deering mower, 1 corn planter, I walking breaking plow. 1 closed top buggy 2 riding cultivators, 1 set of hay ladders, 1 gravel bed 2setspf good breeching harness. 1 South llend Malleable range, good as new' and many other articles too numerous to mention,

TERMS OF SALE— All sums of 15 and under cash in hand on day of sale. On sums over $5 a credit to Sept. I, '11 will bo given, purchaser to execute note with approved freehold security, waiving relief from valuation and appraisement laws. No property to be removed until terms of sale are complied with. Five per cent discount for cash on sums over $5.

FOREST CRIDER

Mrs. Alvah Fry will serve lunch on day of sale. 4.

THE PRESBYTERIANS OBSERVE RALLY DAY

Large Attendance, Big Collection and

a Splendid Service Held Sun

day Morning.

The Sunday school of the Presbyterian church observed Rally Day Sunday. The church was beautifully decorated with goldenrod and salvia. There had been a special effort made by each class to double the number in attendance and also to see which would contribute the largest amount for Foreign Missions. The number in attendance was 220 and the contribution was $30.39.

There had been a friendly rivalry for some time between the men's and women's bible classes, each trying to excel in number. The women won, numbering forty-six, beating the men by a handsome margin. They also had the largest contribution, giving over one-fourth of the $30.39. They were given a beautiful penant by the pastor, Mr. Williamson. It was designed and made by Mrs. Williamson. The penant is blue, that being the Presbyterian church color. On it is a white cross standing for "Salvation." Following the cross is the word "Go!'' standing for the great Commission.

This penant will be hung in the class room and as years go by may it spur the members of this class and the ones who are to follow to Go! and fulfill the great commission.

The childr the Sunday school gave a well prepared program which was enjoyed by all. The pastor closed the exercises with a few remarks.

Obituary

Ellis, son of J. E. and Alice Sample, born Nov. 25, 1893, died Oct. 7th, 1910, age 16 years 11 months and 12 days. He was stricken some six weeks ago with that dreaded disease, typhoid fever, which caused his death. During his illness he was patient and perservering, doing always that which was asked of him that he might be returned to health.

Even on his bed of affliction his kind and lovable disposition was manifest, one characteristic of his big heartedness was noticeable, when a friend or neighbor came to his room by his desire to always to clasp them by the hand. Ellis was a kind and obedient son, a lovable brother a true and staunch friend. He will be missed most in the home, and next in the school life, among chums and school mates.

This one thing consoles the broken hearts in this sad hour, that our loss is his gain, and that in the great here after we shall be permitted to meet around the judgment seat of God where partings never come.

Signed by his nurse, Lowell Wilson. The family extends thanks to the neighbors and friends also for the fiorial offerings and the singers.

J. E. Sample and family

IHE ORPHANS DOME HEAD MAY RESIGN

W. T. Stott, President of Institution

Near Knightstown Contemplates

Giving Up His Work.

It is stated that W. T. Stott, for many years president of the Franklin college, and for the last few years superintendent of the Soldiers' and Sailors' Orphans' Home at Knightstown may resign. Dr. Stott is a Civil war veteran and is now quite aged and has an immense amount of wQrk to look after at the home, and feels that in justice to himself he ought to give up his position. It is conceded that he is one ofjthe best superintendents the Home has ever had. In case he does resign he will|*make his home at Franklin, as many pleasant memoies still linger around the college, where he spent the greater part of his years after leaving the army.

Birthday Surprise.

There was a ncmber of friends and relatives gathered at the home of Mrs. Ida Welter, of rural route 6, Sunday, Oct. 9|and gave her a pleasant surprise in honor of J,her twenty third birthday.

Those present were Henry Haywood and family from Rush county, Jacob Kingery aud family of Greenfield, Albert Reece, also of Greenfield, John Tuttle and |family, of Mohawk, Marion Sitten and wife, of Maxwell, Mr. Kanope wife, and daughter, and Mrh. Welter and children, of Indian apolis.

She received a number of beautiful postcards and many beautiful and useful presents.

disorde

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Careful feeding and bathing are the babies' remedies.

Scott's Emulsion

is the food-medicine that not only nourishes them most, but also regulates their digestion. It is a wonderful tonic for children of all ages. They rapidly gain weight and health on small doses.

FOR. SAIyE BY ALL DRUGGISTS

Send 10c., name of paper and this ad. for our beautiful Savings Bank and Child's Sketch-Book. Each bauk contains a Good Luck Penny. & BOWNE, 409 Pear! St.. N. Y.

SCOTT.

Dr. Clarence Strickland, of Indianapolis, was here Monday evening visiting his mother, Mrs. Clara Strickland.

PAULEY A BURNSIDE, Auctioneers

Notice of Sale of Per* sonal Property

in the Mutter of the Estate of Francis M. Sparks, Deceased Notice is hereby given that the undersigned, Administrators, with will annexed of the estate pf Francis M. Sparks, deceased will offer for sale at public auction, at the late residence of said decedent, two miles east of Maxwell, in Center Township, Han• cock Cpunty, Indiana, on the 21st DAY OF OCTOBER, 1!U0, the following described personal property, belonging to the estate of said decedent, consisting of one family mare, one Shorthorn cow. twenty-five tons of clover and timothy hay. four acres of corn in the Held fifteen bushels of oats, one lot of baled outs straw, one good buggy, one old buggy, surrey, one lot of fence posts, platform scales, grain bags, one set of buggy harness, blankets, robes, and many other articles too tedious to mention.

Said sale to begin at

day.

Said estate is supposed to be solvent. LEANDER FULLER, James F. Reed. Attorney for Estate.

Notice of Letting Contract. Notice is hereby given that the Roard of Commissioners of Hancock county, Indiana, will on

Monday, November 7, 1910, and up to 10 o'clock of said day, receive seal-' ed proposals or bids at their courtroom in the court house in the city of Greenfield, County and State aforesaid for the construction of a. Steele bridge reinforced by concrete. Said bridge is known as the Charlottesville bridge over Six Mile creek where the same crosses the National rood in Section thirty-five t5) township Sixteen (10) North Range Eight N) east. Said bridge to be built according to plans and specifications now on file in the otlice of the auditor of Hancock county and state aforesaid. All bonds and affidavits required by law to accompany said bids or proposals.

The Board of Commissioners reserve the right to reject any or all bids. CHAS. H.TROY tOt: Auditor of Hancock County.

lumbing, Steam and Hot Water Heating, Hot Air Furnaces...

Tinning, Galvanized Iron Work and General Repairing of All Kinds. Your Patronage Solicited.

W. F. Spangler

No. 125 W. Main St. )ld Masonic Hall, Greenfield, Indiana.

E. D, LEWIS, Carthage. Phones, Store 106, Residence 100 Phone Ripley Farmer 48

o'clocka.m. of said

TERMS OF SALE.

All sums of |5 and under cash in hand. Over that amount a credit of ti months will be given, the purchaser to give his notis with good and suificient freehold surety, waiving relief from valuation and apprai.se. ment laws. MATILDA J. SPARKS

YARD H. FINN ELL.

Arthur O. Van Duyn, Administrators Attorney for Estate Dated, Sept. 2i»t h. I'.ilo

Executor's Notice.

Notice is hereby given, that the undersigned has duly qualified as Executor of the last Will and Testament of Elwin E.Scotten, late of Hancock county, Indiana, deceased.

Lewis & Son 1

FURNITURE AND UNDERTAKING....

C. A. LEWIS Morristown, Phone 48

Electric Bitters

Succeed when everything else fails. In nervous prostration and female weaknesses they are the supreme remedy, as thousands have testified. FOR KIDNEY, LIVER AND

STOMACH TROUBLE it is the best medicine ever sold over a druggist's counter.

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